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ORLANDO THREE INC. v. COMMISSIONER

Docket No. 647-79.

45 T.C.M. 687 (1983)

T.C. Memo. 1983-79

Orlando Three Inc., an Alabama Corporation (Successor by Merger to Monty No. 2, Inc., a Michigan Corporation) v. Commissioner.

United States Tax Court.

Filed February 7, 1983.

Attorney(s) appearing for the Case

Joe T. Booth, III, 771 S. Lawrence St., P.O. Box 626, Montgomery, Ala., for the petitioner. Robert W. West, for the respondent.

Memorandum Opinion

SCOTT, Judge:

Respondent determined a deficiency in petitioner's Federal income tax for its fiscal year ended February 28, 1974, in the amount of $12,768.19. Due to a concession by petitioner, the only issue for decision is whether, under either section 165(a)1 or section 162(a), petitioner is entitled to deduct demolition costs incurred during the remodeling of a restaurant.

All of the facts have been...

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